Easement - MDG LLC - 2015 - Renovare Subdivision No. 1 - Public Access Easement Agreement PUBLIC ACCESS EASEMENT AGREEMENT
11-1IS PUBLIC ACCESS EASEMENT AGREEMENT ("Agreement") is made effective
this day of ,/f$,e H , 2015, by and between MDG LLC, an Idaho limited liability
company (the "Grantor"), and the City of Eagle, a body politic and municipal corporation
existing under the laws of the State of Idaho, by and through its city council (the "Grantee").
Recitals
A. Grantor is the owner of that certain real property in Ada County more particularly
described on Exhibit A and depicted on Exhibit B, which Exhibits are attached hereto and
incorporated herein by reference (the "Easement Property").
B. The Easement Property is a twenty foot(20') wide strip of land that is a portion of
a parcel of real property owned by Grantor that Grantor is platting as Renovare Subdivision
Phase 1; and upon such platting the Easement Property shall be a portion of the common area lot
platted as Lot 33, Block 1 of Renovare Subdivision Phase 1, Ada County, Idaho.
C. The southerly terminus of the Easement Property is contiguous with and as such
provides access to that certain 25' Greenbelt Easement, Ada County, Idaho Instrument No.
94062333 (the "Greenbelt").
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which are material terms of
this Agreement, and of the mutual covenants and agreements contained herein, the parties agree
as follows:
1. Easement. Grantor hereby grants a non-exclusive easement for use by the general
public as a permanent paved pathway on, under, over and across the Easement Property.
2. Purpose of Easement. The easement shall be used for a public non-motorized,
biking and pedestrian pathway that allows the public to bike or walk on the easement between
the southern terminus of the public street, S. Edgewood Way, and the Greenbelt.
3. Construction. Grantor shall construct a 20' wide asphalt paved pathway over the
Easement Property, which construction shall include compacted base material sufficient to
support 2.5 inches of asphalt. All costs and expenses related to the design and construction of
the biking/walking pathway shall be the sole responsibility and obligation of the Grantor. In the
event Grantor fails to construct the public biking/walking pathway, Grantee shall be entitled to
do so and in connection therewith Grantor hereby grants to Grantee a temporary construction
easement over such portions of the Grantor's property as is reasonably required to construct the
biking/walking pathway on the Easement Property.
ADA COUNTY RECORDER Christopher D. Rich 2015-019701
BOISE IDAHO Pgs=7 CHE FOWLER 03112/2015 02:46 PM
CITY OF EAGLE NO FEE
11111111 111 111 1 11111111111111 III I I 1 1111111 111 1 111
00074633201500197010070076
Public Access Easement Agreement- 1
4. Non-Exclusive Easement. This Agreement does not extend to Grantee the right to
use the biking/walking pathway to the exclusion of Grantor, its successors and assigns, including
the Renovare Homeowners' Association, Inc. and Grantor's guests, invitees, agents and
contractors who may additionally utilize the Easement Property; provided however any such use
by Grantor shall not diminish the structural integrity of the biking/walking pathway, nor
unreasonably interfere with the public's right to use the pathway.
5. Maintenance of Easement Property. Grantee shall maintain the physical integrity
of the biking/walking pathway in good condition and repair and as required to satisfy all
requirements of applicable laws, the policies of Grantee, which maintenance shall include,
without limitation, periodic removal of paper, rubbish, debris, and other hazards to persons
utilizing the Easement Property.
6. Compliance with Laws. In connection with the public's use of the Easement
Property, Grantee hereby covenants and agrees that the public's use shall in all respects comply
with any and all federal, state and local statutes, law and ordinances, codes, policies, rules and
regulations.
7. Indemnification. Grantee hereby agrees to indemnify and hold harmless Grantor,
its successors and assigns, from and against any and all claims for loss, injury, death or damage
and reasonable attorneys' fees and costs that may be incurred by Grantor in defending such
claims caused by, or arising out of, or in relation to, the use of the Easement Property by the
Grantee and the public. Grantee's obligation under this paragraph to indemnify and hold Grantor
harmless shall not extend to damages caused by the gross negligence of Grantor.
8. Miscellaneous Provisions.
(a) Recordation. This Agreement shall be recorded in the official records of
Ada County, Idaho, and the benefits and burdens of this Agreement shall be binding on the
parties hereto and their successors and assigns, including, without limitation, the Renovare
Homeowners' Association, Inc.
(b) Governing Law, Jurisdiction and Venue. This Agreement shall be
construed and interpreted in accordance with the laws of the State of Idaho. The parties agree
that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County, Idaho is the
proper venue.
(c) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, and all of which, together, shall
constitute one and the same Agreement.
(d) Attorneys' Fees. In the event that a party hereto shall bring any action or
suit against another party hereunder by reason of any breach of any of the covenants, agreements
or provisions on the part of the other party arising out of this Agreement, then in that event the
prevailing party shall be entitled to have and recover of and from the other party all costs and
Public Access Easement Agreement- 2
expenses of the action or suit, including actual attorneys' fees, accounting and engineering fees
and any other professional fees resulting therefrom.
(e) Authorization. This Agreement shall become effective only upon
authorization by resolution of the City Council of Eagle, Idaho and approval by the City's
Mayor.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed as
shown below:
CITY OF EAGLE, a municipal corporation ATTEST:
organized under the laws of the State
ofId1 o `o,....I..,.....
.••0 OF F
s .0
By: :.,-,..,,, g X s 1 es•ge
es D. Reynolds, M yor =* fL 4A• iharon Bergmann,
S =
,Czity Clerk
EA L
MDG LLC '‘7,1e,...7:0' O
By
4 , ,
Shanna Axelson, Member A NOTARY Pat OROflNROFFICER CON1 NG
THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF
THE INDNgUN.WHO SIGNED THE DOCUMENT
CM TO WHICH THIS CERTIFICATE IS ATTACHED,AND
NOT D E TRUTHFULNESS,ACCURAC%OR
STATE OF H, ) AMY OFTHATOOCUMENL
) ss. '
County O� )
e
On this o LI day of ct,b(NAQ , 20 15, before me, the undersigned, a
Notary Public in and for said State, personall appeared Shanna Axelson, known and identified
to me to be the Member of MDG LLC, an Idaho liability company, that executed the instrument
or the person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
%11 NOTARY
t
'y v- COMMISSION•200984 /
V =/ MINERSIDE COUNTY
"'Fe. 9 2017 Nota Public for-Ititthe I or 1 G
(SEAL) Residing at e. Ala 1,\�' toUN
Commission ex.ires: s _�
Public Access Easement Agreement-3
STATE OF IDAHO, )
) ss.
County of Ada. )
On this % day of Aare/J , 2015, before me 17-Gv L/S bhrco
personally appeared James D. Reynolds, known or identified to me (or proved to me on the oath
of ) to be the Mayor of the City of Eagle, a municipal
corporation organized and existing under the laws of the State of Idaho, the corporation that
executed the instrument or the person who executed the instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
lddJ M:
Notary Pu# i f%r Idaho
Residing -OP I/rte. _, 1 4 :
y>
My Commiss'on Expires:!
Public Access Easement Agreement-4
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ENGINEERING 9233 WEST STATE STREET BOISE,ID 83714 I 208.639.6939 I FAX 208.639.6930
February 6,2015
Project No.13-129
Renovare'Subdivision Phase 1
Access Easement
Legal Description
Exhibit A
An access easement being in a portion of the proposed Lot 33, Block 1 of Renovare' Subdivision Phase 1
situated in Government Lot 4 in Section 15 and Government Lot 1 in Section 16,Township 4 North,
Range 1 East, Boise Meridian,City of Eagle,Ada County, Idaho more particularly described as follows:
Commencing at the West 1/4 corner of said Section 15,which bears 500°27'26"W a distance of
2,645.29 feet from a brass cap marking the Northwest corner of said Section 15;
Thence following the westerly line of the Northwest one-quarter of said Section 15, N00°27'26"E a
distance of 121.91 feet to a point;
Thence leaving said westerly line, N89°46'57"W a distance of 183.88 feet to a point on the southerly
right-of-way line of S. Edgewood Way and being the POINT OF BEGINNING.
Thence leaving said right-of-way line,S00°27'08"W a distance of 207.88 feet to a point;
Thence 589°52'39"E a distance of 203.36 feet to a point;
Thence S00°47'25"W a distance of 276.66 feet to a point;
Thence N89°12'35"W a distance of 20.00 feet to a point on the westerly line of said Government Lot 4;
Thence following said westerly line, N00°47'25"E a distance of 256.43 feet to a 5/8-inch rebar;
Thence leaving said westerly line, N89°52'29"W a distance of 203.24 feet to a 5/8-inch rebar;
Thence N00°27'08"E a distance of 232.61 feet to a 5/8-inch rebar on the southerly right-of-way line of S.
Edgewood Way;
Thence following said southerly right-of-way line,S76°32'52"E a distance of 20.53 feet to the POINT OF
BEGINNING.
Said Description contains a total of 13,802 square feet, more or less. 001A LtXb
o hereto is Exhibit B and by this reference is made a part hereof. l y • t
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Title: Date: 02-06-2015
Scale: 1 inch= 100 feet File:
Tract 1: 0.317 Acres: 13802 Sq Feet:Closure=s24.2809w 0.01 Feet: Precision=1/121809: Perimeter= 1421 Feet
001=s00.2708w 207.88 004=n89.1235w 20.00 007=n00.2708e 232.61
002=s89.5239e 203.36 005=n00.4725e 256.43 008=s76.3252e 20.53
003=s00.4725w 276.66 006=n89.5229w 203.24